Supreme Court 2025 - The Legal Chamber

In this judgment, the Supreme Court clarified the burden of proof in railway accident compensation claims under Section 124-A of the Railways Act, 1989. The Court held that the initial burden on claimants can be discharged by affidavit and verified ticket records, shifting the onus to the Railways. Mere absence of a ticket or seizure memo does not defeat a legitimate claim, as the statutory regime is a welfare-oriented, no-fault liability system based on preponderance of probabilities. Facts Of The Case: The case arose from the death of Sanjesh Kumar Yagnik on 19 May 2017. He was allegedly travelling from Indore to Ujjain by the Ranthambore Express (Train No. 12465) when, due to overcrowding, he was pushed from the moving train near Ujjain, sustaining fatal head injuries. The police regi...

This Supreme Court ruling clarifies that under the POSH Act, a complaint must be filed within three months (extendable to six) of the last incident of sexual harassment. Subsequent administrative actions, unless directly linked to the original misconduct as a "continuing wrong," do not extend this limitation period. The Court distinguished between a "continuing wrong" and a "recurring wrong," holding that independent administrative decisions do not constitute a fresh act of sexual harassment. Facts Of The Case: The case involves Dr. Nirmal Kanti Chakrabarti, the Vice-Chancellor of NUJS, Kolkata, and Ms. Vaneeta Patnaik, a faculty member. The appellant, Ms. Patnaik, lodged a formal complaint of sexual harassment against the Vice-Chancellor with the Local Complaint Committee (LCC) on Decem...

Tag: Supreme Court 2025

Supreme Court’s Landmark Order: Sexual Harassment Judgement to be Part of Accused’s Permanent Record